Conflicts, mediation, and contingent business interruption insurance.

Attorney-mediator Victoria Pynchon recently posted that “you must create disputes to resolve conflicts.”  And from there, she cites my post about contingent business interruption insurance coverage.  Vickie explains that ADR professional should not see all conflicts as bad:

Most people think ADR professionals believe that all conflicts are bad. Quite the contrary.  Those of us who are trained and practiced in dispute resolution understand that conflict must ripen into one or more disputes for society to evolve along the arc of justice.

She continues, explaining that:

To “make room” for those “contradictory forces” we often must raise a ruckus or ask for something we never believed we might be entitled to.  Say, gay marriage.

She concludes by citing to my post about contingent business interruption insurance coverage.  How does she get there?  She reminds corporate policyholders that decades ago:

Corporations once had a cozy, apparently non-conflictual relationship with their carriers because no one questioned the carriers when they said a claim wasn’t covered.

Corporate policyholders, however, would be well-advised to consider closely an insurer’s denial of coverage.  Vickie  concludes that her “stream of consciousness” took her on the path to my post, which explains what contingent business interruption insurance is, and why “In insurance coverage litigation regarding contingent business interruption losses, it is important to turn a critical eye on insurers’ arguments if they have denied coverage.”

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